Category Archives: Bloggers

Fort Wayne Dad sued for Copyright Infringement by Christian Nonprofit

05 Friday Jul 2024

Posted by in Authors, Bloggers, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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The plaintiff in the latest Indiana copyright lawsuit is a privately funded Christian non-profit that provides public school families with released time religious instruction. The defendant, an individual from Fort Wayne, Indiana, is alleged to have posed as a volunteer of plaintiff in order to gain access to internal documents and curriculum, which he then posted to his own website criticizing the nonprofit.

Attempts to “reason” with the defendant were apparently met with a snarky meme response, usually a great way to escalate a legal dispute. The defendant allegedly then made a false DMCA Counter Notice, leading directly to this lawsuit. Stay tuned to find out whether the defendant is willing to defend his position that “it’s called fair use bitch.”

LifeWise, Inc. v. Parrish

Court Case Number: 1:24-cv-00268-HAB-SLC
File Date: July 2, 2024
Plaintiff: LifeWise, Inc.
Plaintiff Counsel: Joseph P. Asbrook, Chris-John Bosch, James S. Kresge of Ashbrook Byrne Kresge LLC
Defendant: Zachary Parrish
Cause: Federal Copyright Infringement
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Trial Scheduled for Indiana’s First Keyword Advertising Case

09 Thursday May 2013

Posted by in Bloggers, Indiana, Intellectual Property, Litigation, Social Media, Tech Developments, Trademark

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Indiana’s first keyword advertising case is now set for trial. However, don’t hold your breath if you’re waiting for an answer to whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement. The Angie’s List/ServiceMagic trial won’t take place for over a year.

On May 6, a Scheduling Order set a bench trial for October 6, 2014 (at 9:30 AM in Room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker). A settlement conference was held  between the parties in February 2013 but no settlement was reached. Based on the importance of this question to the parties involved, I expect this case to go to trial, however long that may take.

In the meantime, you can review the Answer to Complaint and Answer to Counterclaims below. Stay tuned for updates.

DEFENDANT SERVICEMAGIC, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS:

ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS:

Angie’s List v. ServiceMagic – Answers and Counterclaims Filed

09 Tuesday Oct 2012

Posted by in Bloggers, Branding, Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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There are a few updates in Indiana’s first keyword advertising case, Angie’s List v. ServiceMagic. The lawsuit is still in the early stages, with Answers and Counterclaims being filed. An Initial Pretrial Conference is set for 10/12/2012 so stay tuned for updates.

ServiceMagic Answer, Affirmative Defenses and Counterclaims:

Angie’s List Answer to Counterclaims:

Stories from the Week that Was – 7/22/12-7/28/12

28 Saturday Jul 2012

Posted by in Bloggers, Copyright, Indiana, Social Media, Stories from the Week that Was, Trademark

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Another quiet week spent in Portland, Oregon. Here are the top stories I followed this week:

Jack Daniel’s Sends the Most Polite Cease-and-Desist Letter Ever

The changing landscape of Internet sweepstakes regulations

Pakistan spy agency chief to tell CIA: End drone strikes; ID targets for us to attack

Copyright troll: $10,000 sanctions upheld by appeals court are “bulls**t”

If you’ve got a top intellectual property or technology story from last week, please leave a comment below.

Indiana Court Upholds Social Media Ban for Sex Offenders

25 Monday Jun 2012

Posted by in Bloggers, Indiana, Legislation, Litigation, Social Media, Southern District of Indiana

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A recent ruling from the Southern District of Indiana is making news around the country. Despite a challenge by the ACLU, an Indiana law that bans sex offenders from various social media sites has been upheld. Indiana’s law is similar to laws being challenged in other states. The ACLU has promised an appeal to this ruling, so stay tuned for more.

A national civil rights group said Sunday it would appeal a federal judge’s decision to uphold an Indiana law that bans registered sex offenders from accessing Facebook and other social networking sites used by children.

On Friday, Judge Tanya Walton Pratt said in an 18-page order that the state has a strong interest in protecting children and that the rest of the Internet remains open to those who have been convicted.

“Social networking, chat rooms, and instant messaging programs have effectively created a ‘virtual playground’ for sexual predators to lurk,” Pratt wrote in the ruling, citing a 2006 report by the National Center for Missing and Exploited Children that found that one in seven youths had received online sexual solicitations and one in three had been exposed to unwanted sexual material online. ABC News

Below are the ruling and original complaint:

DOE v. PROSECUTOR, MARION COUNTY, INDIANA
1:12-cv-00062-TWP-MJD